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Traffic Accident Research Issues in Criminal Cases

Author: XuNa
Tutor: ZhuJianHua
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Traffic Accident Escape Sentencing Criminal policy of combining punishment with leniency
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 97
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Abstract


Crime is a violation of traffic regulations, and thus a major traffic accident, causing serious injury, death or property suffered heavy losses to public and private behavior. With the development of transport, the number of criminal cases of traffic accident has increased steadily, causing enormous personal injury and property damage. Especially in recent years, frequent racing, drunken driving and other cases, resulting in adverse social impact. Supreme People's Court issued a series for the actual situation of judicial interpretation and case guidance, but in judicial practice, the identification of the nature of the case and sentencing issues, there is still a lot of confusion, such as the identification of escape behavior, dangerous driving qualitative, discretionary plot considerations, sentencing conflict. This article is based on the criminal policy of combining punishment with leniency, the relevant issues were discussed. This article about 32,000 words, focus on the following four aspects: First, the Crime of escape behavior problem of identification. Including the definition of escape behavior, essential characteristics, composition and for Causing Death and other issues. For understanding the behavior of Traffic Accident, criminal law scholars recognize mixed. This paper argues that escape behavior is not as essence, does not fulfill the obligations arising from first act, is in a traffic accident, the perpetrators abandon rescue the injured, to avoid legal action and other leading obligations. Second, traffic crime and dangerous way to define the crime of endangering public safety issue. The difference between the two crimes, mainly in the understanding of subjective guilt, but the core issue is how to understand the Crime of Causing Traffic Casualties problem. Also discussed the need for the establishment of Dangerous. Third, the traffic accident in criminal cases discretionary circumstances in temper justice with mercy criminal policy problems under the guidance of how to apply. For discretionary circumstances whether the statutory issues, generally have negative to say with certainty say that two views. This paper argues that discretionary circumstances must be considered the plot, are present in any case of this episode, but the specific content on discretionary circumstances, the case has its particularity. Traffic accident in handling criminal cases, should be based on the particularity of the case for case processing. Fourth, public anger problem and sentencing conflict. To solve this problem, affirming said scholars believe that the size of public anger crime embodies the values ​​on people existing extent of the damage, the value of the original people psychologically balanced and unbalanced due to the impact of crime severity externalization. Meanwhile, the size of public anger and reflects a negative evaluation of crime severe degree, in his mouth, people are demanding the punishment of crime in order to recover the value of the intensity of the desire psychological balance. Therefore, the sentencing should be considered public anger. Held a negative scholars say that the presence and size of public anger as an important basis for sentencing, there is no theoretical and legal basis contrary to the purpose of punishment. Offenders should only be on their own criminal acts of criminal responsibility, the severity of penalties only from the perpetrators of criminal acts I find under, and no reason to require the perpetrator's own behavior or circumstances beyond the fact that criminal liability . This paper argues that public anger factors should not be considered, otherwise there is the back of the criminal purpose of implementation of the policy and premise. Rules on sentencing is concerned, the situation of this paper agree, it also can promote better working sentencing leniency and strict implementation of criminal policy.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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